A hot air balloon injury resulted in a lawsuit against the operator of the tethered rides, but the litigation almost didn’t get off the ground. Recently, the Wisconsin Supreme Court reversed a lower court ruling and granted plaintiffs the right to continue with their case, finding the defendant wasn’t shielded by the state’s recreational use statute.
Florida has a recreational use statute as well, codified in F.S. 375.251. The law provides protection from liability for land owners who offer up their property for free to be used by the public for recreational purposes. It’s an incentive to get private property owners to open up their lands for public enjoyment. However, if someone is injured on that site, they may have a tough time recovering damages.